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Dismissal

A dismissal is the termination of an individual's employment by the employer. Employees have a right not to be unfairly dismissed from employment.

Before dismissing an employee, employers need to make sure that they have a potentially fair reason. The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”.

A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.


    • Age discrimination
    • Bullying and harassment
    • Equality, diversity and inclusion

    Discrimination case dismissed to avoid encouraging ‘culture of hyper-sensitivity’

    by Ashleigh Webber 3 Aug 2021
    by Ashleigh Webber 3 Aug 2021

    A lawyer made numerous discrimination and harassment complaints against a former employer.

    • Latest News
    • Dismissal
    • Employment tribunals

    Can an employer dismiss someone for a tweet?

    by Patrick Kilgallon and Tania Goodman 21 Jul 2021
    by Patrick Kilgallon and Tania Goodman 21 Jul 2021

    Where do employers stand when considering whether to dismiss an employee for their actions on social media?

    • Scotland
    • Local authorities
    • Education

    Appeal finds indecent image teacher dismissal was fair

    by Jo Faragher 19 Jul 2021
    by Jo Faragher 19 Jul 2021

    A teacher who had been suspected, but not charged, of possessing indecent images of children was fairly dismissed, the Court...

    • Case law
    • Discipline
    • Latest News

    How to handle controversial employee opinions

    by Beverley Sunderland 6 Jul 2021
    by Beverley Sunderland 6 Jul 2021

    Should an employee's unsavoury or offensive opinion always lead to dismissal? Beverley Sunderland looks at examples from case law.

    • Brexit
    • Right to work
    • Coronavirus

    Top 10 HR questions June 2021: Settled status deadline

    by Brightmine 1 Jul 2021
    by Brightmine 1 Jul 2021

    The deadline for applications under the EU settlement scheme was 30 June 2021.
    Where an EEA national is eligible to...

    • Police
    • Equality, diversity and inclusion
    • Discipline

    Tribunal rules senior Met Police officer’s sacking was unfair

    by Adam McCulloch 17 Jun 2021
    by Adam McCulloch 17 Jun 2021

    Senior police officer can return to job after unfair dismissal ruling over indecent phone image.

    • Absence
    • Employee relations
    • Employment law

    Man spotted in pub during sick leave was unfairly dismissed

    by Adam McCulloch 9 Jun 2021
    by Adam McCulloch 9 Jun 2021

    Tribunal decides investigation of man spotted out drinking while off work with illness was flawed.

    • Acas
    • Fire and rehire
    • Latest News

    Acas launches guidance to dissuade fire and rehire misuse

    by Ashleigh Webber 8 Jun 2021
    by Ashleigh Webber 8 Jun 2021

    Acas publishes further guidance around negotiating changes to staff contracts in response to concerns about ‘fire and rehire’ practices.

    • Employment law
    • Latest News
    • Health and safety

    Protection from detriment in health and safety cases extended to workers

    by Ashleigh Webber 26 May 2021
    by Ashleigh Webber 26 May 2021

    The draft Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021 comes into force on 31 May 2021.

    • Fire and rehire
    • Employee relations
    • Employment law

    Unions and MPs urge action on ‘fire and rehire’

    by Ashleigh Webber 7 May 2021
    by Ashleigh Webber 7 May 2021

    A letter signed by unions and 140 MPs and Lords urges the government to use next week's Queen's Speech to announce legislation banning 'fire and rehire' tactics.

    • Latest News
    • Education
    • Education - further and higher

    Lecturer’s dismissal for failing to complete PhD ‘unfair’, tribunal rules

    by Ashleigh Webber 5 May 2021
    by Ashleigh Webber 5 May 2021

    The University of Hudderfield's decision to dismiss a lecturer with mental health worries was "wholly unreasonable", a tribunal has found.

    • Coronavirus
    • Employee relations
    • Dispute resolution

    End of furlough will lead to spike in tribunals

    by Jo Faragher 5 May 2021
    by Jo Faragher 5 May 2021

    Employers could see a surge in tribunal claims when the furlough scheme ends in September, according to a study.

    • Bullying and harassment
    • Disability discrimination
    • Discipline

    Worker with cancer sacked on the spot awarded £2.5m pay out

    by Ashleigh Webber 30 Apr 2021
    by Ashleigh Webber 30 Apr 2021

    Man who was sacked following terse emails has received a pay out for unfair dismissal, unfavourable treatment and disability-related harassment.

    • Fire and rehire
    • Employee relations
    • Latest News

    Crunch time for British Gas engineers to agree new contract terms

    by Ashleigh Webber 14 Apr 2021
    by Ashleigh Webber 14 Apr 2021

    Today is the final day that British Gas engineers can agree to new terms and conditions or face dismissal.

    • Case law
    • Coronavirus
    • Latest News

    Covid-19: Parent fairly dismissed after refusing return to work

    by Jo Moseley 14 Apr 2021
    by Jo Moseley 14 Apr 2021

    An employee refused to return to the workplace because he believed his workplace posed a danger to his children. What are the ramifications of the case?

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